Kansas Statutes 23-37,310. Hearing and order
(UCCJEA 310). (a) Unless the court issues a temporary emergency order pursuant to Kan. Stat. Ann. § 23-37,204, and amendments thereto, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1) The child-custody determination has not been registered and confirmed under Kan. Stat. Ann. § 23-37,305, and amendments thereto, and that:
Terms Used In Kansas Statutes 23-37,310
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(A) The issuing court did not have jurisdiction under Kan. Stat. Ann. § 23-37,201 through 23-37,210, and amendments thereto;
(B) the child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Kan. Stat. Ann. § 23-37,201 through 23-37,210, and amendments thereto; or
(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of Kan. Stat. Ann. § 23-37,108, and amendments thereto, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) the child-custody determination for which enforcement is sought was registered and confirmed under Kan. Stat. Ann. § 23-37,305, and amendments thereto, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Kan. Stat. Ann. § 23-37,201 through 23-37,210, and amendments thereto.
(b) The court shall award the fees, costs, and expenses authorized under Kan. Stat. Ann. § 23-37,312, and amendments thereto, and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under Kan. Stat. Ann. § 23-37,301 through 23-37,317, and amendments thereto.